What the ACCC does
- We develop new class exemptions.
- We have streamlined processes for making class exemptions in exceptional circumstances and national emergencies.
What the ACCC can't do
- We don’t give legal advice.
On this page
About class exemptions
A class exemption is a way for the ACCC to grant businesses an exemption for specific conduct that may otherwise risk breaching the Competition and Consumer Act 2010.
Usually, to grant a class exemption, we must be satisfied that the conduct would:
- not be likely to substantially lessen competition, or
- be likely to result in overall public benefits.
However, when government declares that exceptional circumstances or a national emergency exists, we can make short-term class exemptions. These are made for activities that would likely assist in the response to, or recovery from, the exceptional circumstances or emergency.
The class exemption describes the conduct and the businesses that are covered. It also includes any specified circumstances or conditions that apply.
Once a class exemption is in place, businesses can self-assess whether their planned activity is covered by the class exemption.
If covered by a class exemption, businesses don’t need to separately apply to the ACCC for an exemption through the authorisation or notification process.
How class exemptions are made
Usually, we can make a class exemption when we are satisfied that a class of business conduct is unlikely to substantially lessen competition or is likely to result in a net public benefit.
We identify the types of conduct where a class exemption may be appropriate.
Businesses can also suggest new class exemptions, which the ACCC may consider.
When developing a class exemption, we generally consult by inviting submissions from stakeholders.
When government has declared that exceptional circumstances or a national emergency exists, we can make short-term class exemptions. In these cases, we use a streamlined process. Class exemptions can be made for activities that would likely assist in the response to, or recovery from, the exceptional circumstances or emergency.
Contact us on 02 6243 1368 or at exemptions@accc.gov.au if you have any questions or would like to discuss our class exemptions processes.
Register of class exemptions
Active class exemptions and class exemptions under consideration are listed on the class exemptions register.
The entry of an active exemption usually includes any notices lodged under the class exemption. The entry of an exemption being considered usually includes consultation information and submissions.
Active class exemptions
The class exemptions register lists class exemptions that are in place and any under consideration. This includes the exemption for small business collective bargaining.
To be covered by an active class exemption, there is usually a form to complete.